A Prenuptial Agreement Is A Precaution You May Want To Consider

There are many different circumstances in which the crafting of a proper prenuptial or postnuptial agreement is in your best interests. While most people do not plan to get divorced, the reality of many situations is that it is possible down the road. One step of precaution you can take to secure your assets is to seek legal counsel from an attorney.

At our firm, we are prepared to offer the comprehensive and knowledgeable legal advice you need to make a smart decision about your future. We are the Law Office of Kevin L. Beard, P.A., and we represent individuals throughout the greater Baltimore area in family law matters, including the drafting of both prenuptial and postnuptial agreements.

Why Is A Prenuptial Agreement In My Best Interests?

In the event of a divorce, a prenuptial agreement will protect your assets, as well as your financial interests. In the event of a divorce, your family will be protected, and you can avoid additional stress, time and money spent down the road. For individuals entering into their second marriage, a prenuptial agreement will protect your first family’s interests.

If you have considered this option, we will meet with you to discuss your goals and assist you in creating an agreement that fully protects your best interests. We will offer guidance regarding different aspects worth considering when you craft the agreement and inform you of the best strategy to take. Our practice is results-driven and committed to serving our clients immediate and long-term needs. Choose our services for your needs.

Requirements For A Valid Prenuptial Agreement In Maryland

Signing a prenuptial agreement is only the first step. Maryland courts look beyond the signatures to determine whether the agreement deserves to be enforced, and three factors carry the most weight in that analysis.

• Full financial disclosure: Each party needs to share a truthful picture of their finances before the agreement is signed. That means assets, debts and everything in between. Courts have refused to enforce agreements where one party shaded the truth or left out information the other would have wanted to know. Completeness matters more than precision.
• Voluntary execution: Signing has to be a genuine choice, not a last-minute obligation. When a prenup appears days before the wedding with pressure to sign immediately, courts take a hard look at whether either party felt they truly had an option. The earlier the agreement is introduced and reviewed, the stronger the case that both parties signed freely.
• Independent legal counsel: Maryland does not mandate that each person hire their own attorney, but doing so adds a meaningful layer of protection. A court reviewing a challenged agreement will ask whether each party understood what they were signing. Having separate counsel makes that answer much easier to demonstrate. Our attorneys work alongside independent counsel retained by the other party regularly and know how to keep that process straightforward.

Paying attention to these details from the outset is how our Catonsville attorneys help clients throughout the greater Baltimore area put agreements in place that actually hold up.

Common Questions About Prenuptial Agreements In Maryland

Here are direct answers to the questions our Baltimore area clients ask most often.

Can a prenuptial agreement in Maryland dictate child custody or child support?

No. Those decisions are made at the time of divorce based on the child’s best interests at that point, not on what the parents agreed to before the marriage. A prenuptial agreement cannot remove that authority from the court.

Do my fiancé and I need separate attorneys to draft a prenup in the Baltimore area?

Maryland does not require it, but having your own attorney review the agreement before signing is one of the clearest ways to demonstrate that you understood what you agreed to and signed willingly.

What happens to my business in a divorce if we don’t have a prenuptial agreement?

Maryland courts treat the business as part of the marital estate. Even a business that existed before the marriage can become partially subject to division if it grew during the marriage, received marital funds or benefited from your spouse’s contributions. A prenuptial agreement that clearly identifies the business as separate property is one of the most practical protections available to business owners before they marry.

Learn More About Prenuptial Agreements

For more information about prenuptial agreement, and for help determining whether a prenuptial agreement would be beneficial for you, contact our firm. Our lawyers are happy to meet with you at your convenience to discuss your legal needs in a free initial consultation. Call 410-929-7197 or toll free at 888-366-6439. Our office is located in Catonsville, Maryland.